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If I file for a modification to a time sharing agreement and change my mind, what do I do?

Winter Haven, FL |

I filed for a modification to a timesharing agreement and then we went to court for contempt. In that hearing the time sharing was adjusted and it works for me. I didn't receive a counter petition until after the hearing for contempt and I don't want to change what was ordered in the contempt. Now I don't not need or want to change the current time sharing. Do I have to cancel or withdrawal it? Or do I just not call to set a hearing for it? They won't enforce his counter petition just because I didn't respond, will they?

Attorney Answers 2

Posted

I would talk to your former spouse about mutually dismissing your petitions. If you just dismiss yours, his will still be pending. Furthermore, if you don't respond, a default could be entered against you which may lead to an adverse decision. If you can't resolve it with your ex, you will want to contact an attorney since there are many issues pending that could adversely affect you.

My assistance with your question does not create an attorney/client relationship nor does it take the place of a consultation with or representation by a lawyer in your area who could handle your case. C.J. Bosco, Esq.

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Posted

My ex boyfriend won't discuss anything with me or try to work anything out. As for an attorney...I'm a single mom, who was denied for legal aide and don't have the money for a good attorney and no one seems to want to work with me on cost or payment plan. My ex I guess, is probably using the child support money he's supposed to be paying to pay his lawyer. This has been a long battle and I just want to be done with it and I'm tired of court.

Posted

You need to address BOTH your petition and his counter petition. If you just dismiss yours then his remains and can be litigated.

You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a divorce and family law firm located in Orlando, Florida. Communication through Avvo does not create an attorney-client relationship. Please do not send any confidential information to our office until such time as an attorney-client relationship has been established.

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